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Your search returned over 400 essays for "jurisdiction"
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The Issue of Jurisdiction in Cyberspace - Q) What is cyberspace. How can jurisdiction be assumed in cyberspace. Introduction “Cyberspace” is a term which is now frequently used among people. Through the advent of computers and especially the internet, our very lives have changed dramatically. Now starting from acquiring information to complex online transactions involving billions of dollars have become possible due to the cyberspace. The term “Cyberspace” was used for the first time by William Gibson in his book “Neuromancer” written in 1984....   [tags: internet, law, crime] 1934 words
(5.5 pages)
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Embodiment of the Principle of Universal Jurisdiction - Universal jurisdiction also called the universality principle enables nations to prosecute offenders of certain crimes, even though they don’t have any nexus to the crime, the alleged offender and the victim. As a concept it was historically developed on the maritime legal principle of hostis humani generis (enemy of the humankind) to address the issue of piracy, which caused considerable destruction of international trade. However, today this principle is applied to prosecute perpetrators of crimes against humanity....   [tags: crimes, Eichmann Trial, Pinochet, immunity, law]
:: 2 Works Cited
1878 words
(5.4 pages)
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Court Cases on Internet Jurisdiction - Yahoo Inc. case The fact and precedents in Yahoo Inc. case and its judgment is referenced so as to bring into a skeptical idea of process that courts adopt while deciding matters relating to jurisdictional issues in cyber law. Yahoo is one of the world’s largest global online networks for wide range services. It has reached out for more than 21 million local users in United States and 90 millions globally. The baseless fight of nations on their cultural differences, and the effort to claiming their laws on each other in an effort to protect those differences rather than seeking means to preserve them without conflict, is an old and regrettably venerated tradition....   [tags: cyber, law, trademarks] 961 words
(2.7 pages)
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Court Jurisdiction and Enforcement - Conducting a business on a global scale presents as many profit opportunities as it does risks. The types of risks characterizing international business transactions lurk in the economic, social, political, technological, cultural, environmental, and legal environments (Hatchondo & Martinez, 2011 & Hill, 2011). Before expanding into the global market, therefore, companies should conduct an environmental scan to understand the imminence of the risks they would be exposed to and subsequently formulate a response strategy....   [tags: Legal Risks, Business Strategy] 1443 words
(4.1 pages)
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Jurisdiction of consumer protection - Content This assignment will deal with jurisdiction of consumer protection in the European Union. For the simplicity, the assignment will be divided in few paragraphs that will explain what consumer protection is, what is consumer protection in the European Union, which jurisdiction rules and governs consumer protection issues in EU and national laws of the two Member States, for the comparison – Republic of Croatia and United Kingdom. Introduction Consumer is a person who purchases goods and services....   [tags: EU, ECIM, consumer protection]
:: 5 Works Cited
1629 words
(4.7 pages)
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Jurisdiction in the Global Internet Age - Jurisdiction in the Global Internet Age E-Jurisdiction (or the lack thereof)… At the beginning of a new century, the Internet Revolution is upon us. At the turn of the last century, when the Revolution was Industrial instead of Virtual, the courts and legislatures struggled to enact policies to keep pace with the changing times and technologies. Laws governing labor practices, trade practices, anti-trust regulations, and even intellectual property all developed in reaction to the surges of the new industrialized world....   [tags: Papers] 1184 words
(3.4 pages)
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The Jurisdiction of the European Parliament - The Jurisdiction of the European Parliament The European Parliament is the only elected body in all of the European Union institutions. The E.Parliament currently has 732 Members elected in the twenty-five member states of the European Union for a five-year term, of which 78 MEPs are from the UK. Most of the time, Parliament and the MEPs are based in Brussels where its specialist committees meet to scrutinize plans for new EU laws. The European Parliament is largely advice giving, and the role it has on budgetary and legislative matters is gradually increasing....   [tags: Papers] 729 words
(2.1 pages)
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Immunity from Sate Jurisdiction - Immunity from Sate Jurisdiction International law specifies that 'the jurisdiction of a state within its territory is complete and absolute'[1]. However, it is identified that certain categories of persons and bodies acting in the public interest are entitled to immunities and privileges from the exercise of the State jurisdiction. In April 1984 WPC Fletcher, a British policewoman was killed, as a result of shots being fired from the Libyan Bureau. The incident created great anger and it was asked by many as was whether the Libyan diplomats were immune from being tried in the United Kingdom courts and the abuse of such privilege granted to diplomatic persons....   [tags: Papers] 1235 words
(3.5 pages)
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Inuit Land Rights, Whaling Jurisdiction, and Education - Inuit Land Rights, Whaling Jurisdiction, and Education “Common strategies are needed to confront a coming century of conflict and danger with our own imperatives for survival . . .[Common strategies are needed in] the quest for political and economic freedom with which to rebuild our own socially healthy and economically viable communities”. - Indian Country Today, July 2002. Today, the Inuit emerge on the modern global stage as one of many native groups claiming political sovereignty and national and international recognition of their collective rights....   [tags: Essays Papers]
:: 7 Works Cited
1293 words
(3.7 pages)
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Dred Scott Case Justice vs Jurisdiction - Dred Scott Case Justice vs Jurisdiction "Justice v. Jurisdiction, Research Paper on Dred Scott v. Sandford" Described as being poorly educated, indigent, feeble, and ill prone, Dred Scott seemed consistent with society's definition of the black slave. However, he was an articulate man who changed our society and American standards. Married to Harriet Scott with four (4) children, Dred wanted to provide his family with a sense of dignity and decency that a free man's status would warrant him. He was the cause of a change in how society viewed Negroes....   [tags: essays papers]
:: 7 Works Cited
1907 words
(5.4 pages)
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The Applicant Request for Information Is Ill-Founded: The Respontent Denial For Information Is in Compliance with Art. VI of the 1985 Treaty - ... Art. V of the 1985 Treaty requires Applicant to provide at least certain information considered essential in order for the Respondent to execute the request. Among the others Applicant is required to acknowledge the Respondent of: “the purpose for which the request for information is made and the nature of the assistance sought.” The information required by Art. V shall be considered indispensable in order for the Applicant to determine the relevant information to transmit to the counterpart....   [tags: jurisdiction, respondent, information] 692 words
(2 pages)
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The Case of Marbury v. Madison - ... Adams signed the appointment and Marshall sealed it thereby giving Marbury legal right to the office he was appointed to. Therefore, denying delivery of the appointment to him was a violation of his rights and the law provides him remedy. The third question was to determine whether the Supreme Court had the authority to review acts of Congress for their constitutionality. The Court decided that it did have such authority to determine whether laws were unconstitutional and void. The judiciary has the duty to interpret the law and determine if a law violates any part of the Constitution....   [tags: supreme court, jurisdiction , congress] 989 words
(2.8 pages)
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The Distinction Between an Unfair Prejudice Petition and a Statutory Derivative Action - The unfair prejudice petition has always been regarded as the easier and more flexible option for minority shareholders’ protection compared to the statutory derivative action. The restrictive leave requirements under the statutory derivative claim where the concept of prima facie, good faith and ratification have been interpreted within the confines of the origins in the case of Foss v Harbottle do not add any appeal the statutory derivative claim. Further, the approach in relation to granting indemnity costs orders which is rather limited does not in any way encourage any potential claimant to pursue a derivative action....   [tags: court, jurisdiction, shareholders] 1316 words
(3.8 pages)
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Issues with Eminent Domain in the Holy See - ... However, since 1870, the Italian government renders the pontiff, within the walls of Vatican City, the sovereign honors and pre-eminence of honor given to him by his office. This means he, and the city, are not subject to the exercise of eminent domain by the state. (Lalor, pars. 152, 207).With a history of understanding the potential for abuses of eminent domain, the Holy See recognizes the need for eminent domain, but fully supports the precept of just compensation. C. The Holy See recognizes the responsibility placed on governments to protect their citizens and provide for the general welfare....   [tags: vatican, jurisdiction, contraception] 1251 words
(3.6 pages)
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The Complexities of Prosecuting Cyber Crime - ... In addition, the prosecutor (local, state, & federal) is not knowledgeable in the technical aspects on how to prosecute a cyber criminal case. So the government must hire experts in the field of cyber crime to assist in prosecuting cyber criminals. Even with lawyers and experts hire by the federal government to help prosecute cyber criminals. The laws currently on the books do not correlate with the crimes that may have been committed. For example the Racketeer Influence Corruption Organization (RICO) Act....   [tags: laundering, jurisdiction, internet]
:: 5 Works Cited
637 words
(1.8 pages)
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Alberta Energy Regulator - The Alberta Energy Regulator (AER) was formed on June 17th of 2013 under the creation of the Responsible Energy Development Act, which was passed on December 10th, 2012. This act currently provides the AER with all responsibilities for all projects ranging from application to reclamation in regards to the Public Lands Act, Water act and Environmental Protection Act. The AER main purpose is to use the acts it has responsibility over to ensure the safe development of all hydrocarbon resource over their productive life....   [tags: hearing, jurisdiction, development, hydrocarbon]
:: 2 Works Cited
1106 words
(3.2 pages)
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Liberty and Corruption through Machiavelli - Liberty and Corruption through Machiavelli To be “Machiavellian” is typically understood to mean clever or dishonest; generally unlikable traits in a general member of society. When asked to evaluate the current state of affairs in America today and look for the conceptions of liberty and corruption, the most accurate answer to this evaluation is through history. Looking at America and taking the previously studied writings of Machiavelli, is there any hope for the liberty America prides itself on or at least is there any way to stave off corruption....   [tags: American society, culture, jurisdiction, autonomy]
:: 10 Works Cited
1439 words
(4.1 pages)
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Exploring Ways in Which the European Union Legal Order Differs from the Common Law Jurisdiction - Exploring Ways in Which the European Union Legal Order Differs from the Common Law Jurisdiction The main sources of law in the common law jurisdiction are statutes and the doctrine of judicial precedent. In the European Union (EU) the main sources of law are the treaties and various forms of secondary legislation (regulations, directives, and decisions), judicial precedent does not apply in the EU. As of 1st January 1973 EU law has had effect in the UK as a result of the European Communities Act 1972....   [tags: European Union Essays] 2699 words
(7.7 pages)
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Court Authorization of Sterilization of a Minor - Child Law Essay I am going to be answering the question that Wardship jurisdiction enables a court to authorise the sterilisation of a minor when it is held to be in that child’s best interest and the legal and wider implications of this being in place. According to Section 1 (1) of the Family Law Reform Act 1969 a minor is defined as “a person who has not attained the age of 18”. Children between the ages of 10 and 14 are deemed to be incapable of forming criminal intent. This presumption can, however be rebutted by proving that the child in question knew that his or her behaviour was ‘seriously wrong’ for example it was more than simply naughty....   [tags: Family Law Reform Act, Court Jurisdiction]
:: 24 Works Cited
2148 words
(6.1 pages)
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International Arbitration and its Interim Reliefs in India - International Arbitration and its Interim reliefs in India - Iti Singh Introduction In this Research Paper, having divided it twofold, I have briefly touched upon the emergence of International Arbitration in India, then quartered into interim reliefs granted by the Courts to ensure natural justice, the internal remonstrance encountered as well as created – either by judicial intervention in granting Interim measures or the limited powers bestowed upon Arbitral...   [tags: resolution, property, jurisdiction ] 2780 words
(7.9 pages)
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Employer's Liability in Tort's Law - Employer’s Liability. Employer’s liability is a section of Tort Law that deals with the liability, employers’ have for occupational injuries to their employees arising from their negligence. At the start there was a slow start to impose liability in negligence on employers in relation to injuries to their employees. This meant there was little protection for employees within their workspace in respect to health and safety. Employer’s liability didn’t occur until the early part of the nineteenth century....   [tags: common laws jurisdiction]
:: 35 Works Cited
1335 words
(3.8 pages)
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The Outsourcing of Software Development work to Offshore Jurisdictions - In today's global economy, the outsourcing of software development work to offshore jurisdictions is a strategic tool that can provide a competitive advantage for many companies. In addition to the main goal of cost savings, outsourcing can also development technologies, provide access to world class expertise , and allows a corporation to focus on its business activities and core competencies. According to Barney (1986), competitive advantage can be attained if the current strategy is value-creating....   [tags: information technology and data management] 1099 words
(3.1 pages)
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In What Ways does Malta Differ from the Classical Mixed Jurisdictions? - In what ways does Malta differ from the classical mixed jurisdictions. If classical mixed jurisdictions are to be studied collectively, certain sub-groups would need to be taken into consideration. Some would be amalgamations of common and civil law, such as Scotland and Seychelles; some of religious law, civil law and common law, such as Israel; some others with a mix of the previously mentioned laws with a further addition of socialist law and tribal law such as Algeria; others, such as Hong Kong, that combine traditional Chinese law and socialist Chinese law, which itself embodies elements of the civilian tradition and so on....   [tags: Anglo-American & continental legal traditions]
:: 3 Works Cited
972 words
(2.8 pages)
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Jurisdictional Issues within the Criminal Justice System - ... Without receiving an unbiased judge, the fifth amendment of the Bill of Rights within the United States Constitution would be violated. The Fifth Amendment states the following: No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor sh...   [tags: location, fair trial]
:: 5 Works Cited
1550 words
(4.4 pages)
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Hierarchy of the Court System of the State and Federal Goverment - The federal government and the state government have its own court system. Both the federal and state court system has a hierarchically organized system. Sec.1article III of the constitution created the supreme court of the United States. This paper will compare and contrast the court system of the federal and state government. This paper will also point out the hierarchically structure of them both. The federal courts system consists of the highest court, which is the U.S. Supreme Court. Congress has three basic responsibilities under the Constitution that determine how the federal courts will operate....   [tags: jursidiction, appeals, judges] 579 words
(1.7 pages)
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Overview of the International Criminal Court - Introduction The International Criminal Court (ICC) is the permanent court made for the main purpose of dealing with criminal acts committed by individuals amongst a state in a bit to tamper with the territorial integrity of the state. The ICC has prosecuted altogether … cases; of which are war crimes, - are crimes against humanity, - concern crimes of aggression and – (few) were prosecuted for genocide. Dividing the essay into the four main crimes commonly known as the elements of crimes, the essay will discuss the origin of the ICC’s jurisdiction over these crimes....   [tags: International Law]
:: 22 Works Cited
1832 words
(5.2 pages)
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Court Cases of Supreme Court Vs State Courts - Martin v. Hunter’s Lessee is a case heard by the Supreme Court involving a land dispute. Lord Thomas Fairfax was a British Loyalist and landowner in Virginia during the American Revolution. Virginia enacted legislation during the war that allowed for the seizure of land held by those people loyal to the British and took Lord Fairfax’s property. Virginia then granted ownership of a tract of the seized property to David Hunter. After the war ended, the United States and Great Britain agreed to a treaty in which the United States guaranteed to protect the ownership of land held by British Loyalists....   [tags: Law, Suing, Wages] 1579 words
(4.5 pages)
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Internet as a form of Commerce - Commerce has been seen as one of the concepts that have had the greatest rate of evolutions in its attempt to be at par with the global dynamics. The pragmatic shifts and changes that the universe have had to experience in a variety of disciplines like business has led to such evolutions so that it is not seen to have lagged behind. One of the shifts that commerce has had to take is the adaptation as well as manifestation of e-commerce. E-commerce has however not been self-initiated but rather has been greatly influenced by the evolution of the information technology sector (Kracher, Beverly, & Cynthia, 2004)....   [tags: E-Commerce, Information Technology]
:: 9 Works Cited
1574 words
(4.5 pages)
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Taking a Look at the Syariah Courts - The civil courts from time to time infringed upon the jurisdiction of Syariah Courts before Article 121(1A) of the Federal Constitution was modified by the Constitution (Amendment) Act 1988 (Act A704) which came into force on 10 June 1988. The infringement by the civil court upon the jurisdiction of the Syariah Courts caused vast concern among those interested or involved in the management of Islamic Law. A committee lead by Tan Sri Syed Nasir Ismail was established by the government to look into the position of Syariah Courts and urge measures to raise their status....   [tags: Federal Constitution, civil courts] 1166 words
(3.3 pages)
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International Law: Piracy, Law of the Sea, and Use of Force - This paper will answer the four questions presented below: 1. What is the jurisdiction of the International Criminal Court over piracy. 2. To what extent may European nations claim jurisdiction over acts of piracy committed off the Horn of Africa. 3. What international law enforcement co-operation mechanisms exist to assist in the investigation and prosecution of piracy committed in waters off the Horn of piracy. How these mechanisms assist in the investigation and prosecution of piracy. 4. What barriers to successful prosecution of Somalia piracy exist....   [tags: Somalian Piracy]
:: 16 Works Cited
3497 words
(10 pages)
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The International Criminal Court - Our world today is filled with awful crimes that interfere with societies happiness and well being each and everyday. Different countries struggle with severe crimes that put their fellow citizens and cities in danger each and everyday. Some people question how to deal with such terrible inhuman acts toward people and societies each and everyday. In order to keep the world in tacked and a safe place against such crimes the International Criminal Court was first talked about in the 1970s, but became ratified to begin pursuing cases in July of 2002....   [tags: legal issues, crimes]
:: 8 Works Cited
1464 words
(4.2 pages)
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Georgia State Court System - Court systems between states can vary significantly while maintaining the same general functions. Georgia state court structure is set up to handle a large number of proceedings. To understand how the system is able to accommodate the numerous counties and the growing population we must consider the types of courts that are in place, the process of putting judges into place, and how the jury is chosen to facilitate the courts. Civil courts handle jury trials in civil matters. There is a jurisdictional limit of $25,000 placed on civil courts....   [tags: Justice System] 1956 words
(5.6 pages)
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Texas Courts - In 1822, Stephen F. Austin established one of the first courts in Texas and appointed a provisional justice of peace. Since Texas was a part of Mexico at the time, the Mexican governor replaced the justice of peace with three elected officials. (Utexas) Soon after Independence, the republic of Texas under the 1836 Constitution, established a supreme court and allowed Congress to create inferior courts. Judges in such courts were to be elected by Congress. Counties, at the time, had County and Justice of Peace courts, whose judges were popularly elected....   [tags: Justice System ]
:: 3 Works Cited
2440 words
(7 pages)
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Judicial Review: 1803 Chief Justice John Marshall - The first U.S. Supreme Court case to apply the principle of "judicial review" - the power of federal courts to void acts of Congress in conflict with the Constitution is considered to be one of the most important cases in the Supreme Court history. This case was a landmark United States Supreme Court case because the Court formed the basis for the exercise of judicial review in the United States under Article III of the Constitution (LII). Written in 1803 by Chief Justice John Marshall, the decision played a key role in making the Supreme Court a separate branch of government on par with Congress and the executive....   [tags: landmark US Supreme Court cases]
:: 6 Works Cited
1773 words
(5.1 pages)
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Internet Crimes, Torts, and Scams - Internet Crimes, Torts, and Scams: investigation and remedies by Melise Blakeslee, was a long and confusing book. To be honest with you, I am not entirely sure what I read. This book touched bases with cybersquatting. Many public cases were introduced throughout the book and the courts decisions were discussed. Melise Blakeslee gave many practice tips to use when you are stuck in certain situations. They consisted of many practice tips to protect yourself when you are online. From what I gathered, the purpose was to focus on domain names of website....   [tags: Melise Blakeslee, investigation, website, internet]
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1510 words
(4.3 pages)
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Magistrates Court Research Assignment - ... The majority of minor cases can be heard quickly in the Magistrates Court, leaving the County and Supreme Courts with only the more serious cases that may require their expertise. The aim of this process is to reduce the costs to the taxpayer for the running of the Courts, and to increase the level of efficiency in the Courts, allowing cases to be resolved quickly. ------------------------------------------------------------------------------------------------------------------------------------------------ 3....   [tags: criminal law]
:: 3 Works Cited
1785 words
(5.1 pages)
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Court Systems and Criminal Justice - The two types branches of our court systems is the duel court system (Bohm & Haley, 2010, p 288). Each system in the Federal or State side contains numerous possibilities in their jurisdiction with their authority to of the court to hear and decide cases (Bohm & Haley, 2010, p 288). However, the two courts described are: Trial Courts of Limited Jurisdiction and Trial courts of General Jurisdiction. Trial Courts of Limited Jurisdiction is a state court that is referred to as the “lower court”; interestingly some states have no formal legal training requirements to serve as a judge in this type of court....   [tags: Law, criminal justice, law enforcement]
:: 3 Works Cited
1397 words
(4 pages)
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Relationship between Unions & the Event Management Industry - At the recent Dreamforce conference field trip we were able to see the grand, towering exhibit displays and booths. The craftmanship put into these temporary displays can only be described as perfection. Majority of the exhibits on display represented multimillion dollar companies with the expectation they hired private companies to create these temporary displays. Suprisingly, all this work was completed by union workers. Setting these up requires contracts, following union rules and regulations, exhibitor protocols and more....   [tags: Convention Exhibits, Restrictions]
:: 7 Works Cited
950 words
(2.7 pages)
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VAT and Small Business - Would you believe that sales tax and international value-added tax (VAT) compliance is a big reason for a seller walking away during due diligence. It shouldn’t be a surprise when you think about how complicated it is to manage your sales and value-added tax compliance when each state and country has a different set of rules and rates that are constantly changing. The first issue that many companies fail to realize is that they may have nexus in a jurisdiction they didn’t think they did. A business may have sales tax nexus if it has a physical presence (office, warehouse, agency, employees, shipping point, etc) in a particular state....   [tags: taxes] 810 words
(2.3 pages)
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Issues in Distribtuiton Estate of Muslims in the Context Law of Malaysia - ... The High Court cases on appeal under section 29, the Small Estates (Distribution) Act 1955. Legislation worn is of the Probate and Administration Act 1959 (Akta97). 4) Syari’ah Court: Handle cases of determination of heirs and the heirs of each person issued the "Certificate Faraid". This is based on Islamic Religious Administration Enactment State or of the Administration of Islamic Law (Federal Territories) Act 1993 (Akta505). Besides the Syariah Court has jurisdiction in matters related to wills, grants, endowment, illegitimate children, marriage, matrimonial property and lineage, that are closely related to the Syariah Court decision even things up influencing the distribution of the...   [tags: law faraid, islamic family law act] 1835 words
(5.2 pages)
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Should Children of Immigrants Become US Cititzens? - The issue this debate is covering is weather or not the United States should allow the children of immigrants to become legal citizens. Some question if it is a violation of the US constitution to allow the citizenship of children born on US soil to parents who have entered the US illegally. The 14th Amendment to the constitution addresses this issue, however how the US should proceed as a country is still up for a very real and reasonable debate. The 14th Amendment states: All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside....   [tags: immigration, citizenship to children, 14 amendment]
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1501 words
(4.3 pages)
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The Effectiveness of the International Criminal Court - There is a close relationship between human rights and criminal law. The scope of my paper will surround human rights and the International Criminal Court (ICC) in addition to human rights and international crimes. International criminal justice in this context speaks to those interested in prosecuting against the background of international human rights and humanitarian norms. The use of criminal law has many positive effects and pursues many goals that are worth considering. For example, deterrence, accountability and punishment are important principles that will be discussed in the context of human rights....   [tags: Human Rights and Criminal Law]
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2962 words
(8.5 pages)
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The Ukranian Crisis: Extradition of Viktor Yanukovich - The Ukrainian crisis was a result of social upheaval against the former president, Mr. Yanukovich, who decided to pull out of the association with the European Union (BBC News, 2014). The upheaval that lasted for about two months resulted in more than 100 people killed (NY Times, 2014). In February 22 Mr. Yanukovich disappears and the opposition takes control over the government in Ukraine (BBC News, 2014). Upon learning that Mr. Yanukovich is currently residing in Kazakhstan, the new government of Ukraine requests from Kazakhstan the extradition of the overthrown president, who is accused of crime against the Ukrainian citizenry....   [tags: european union, crime, kazakhstan]
:: 5 Works Cited
1358 words
(3.9 pages)
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Aristotle: The Rule of Law - A. Explain what is meant by the concept of “the rule of law” According to Aristotle, "The rule of law is better than that of any individual”, suggesting every member of society, even a ruler, must abide by and follow the law. The rule of law is linked to the principle of justice, meaning that everyone within a society (including both private citizens and government officials) are subject to the law, and that those laws are administered fairly and justly. The intention of the rule of law is to protect against arbitrary governance....   [tags: society, judicial power, legislative power]
:: 10 Works Cited
1737 words
(5 pages)
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Worldwide Volkswagen Corp. vs. Woodson - Worldwide Volkswagen Corp. vs. Woodson Plaintiff and Defendant: The plaintiff in this case is Woodson. The defendants were the German manufacturer of the Audi Automobile, Volkswagen of America (the importer), World-Wide Volkswagen (the wholesale distributor), and Seaway (the retail dealership). Facts: The plaintiff Woodson is a resident of the state of New York and purchased a vehicle, an Audi, from the Seaway Dealership in the State of New York. The plaintiff Woodson was injured while in Oklahoma, which was caused by a defect in the car....   [tags: Papers] 472 words
(1.3 pages)
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Legal Aspects of Fire Protection - ... The Mutual Aid Agreement Act provides a law that is applicable to all fire departments in Tennessee who receive public funding and a law that changes mutual aid agreements for all emergency services providers in the state (University of Tennessee Institute for Public Service, 2004). To reduce liability and streamline the process of mutual aid agreements fire departments in Tennessee will utilize the provisions of the Mutual Aid Agreement Act. The act provides a mutual aid agreement for all emergency services agencies within the state and assigns the responsibility of items such as cost, insurance, liability, damages, billing, and staffing as deemed appropriate within the law (University...   [tags: legal issues, fire services, business]
:: 3 Works Cited
1182 words
(3.4 pages)
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Distinguishing Panavision And Bensusan - Distinguishing Panavision And Bensusan The law regarding jurisdiction determination was far from crystal clear even before the internet came of age, and courts are now having a difficult time reconciling the "purposeful availment" and related "effects" tests used in traditional jurisdiction analyses with the new paradigms in information transfer made possible by the internet, and in particular by the World Wide Web (WWW). These difficulties are apparent in Panavision, Int'l. L.P. v. Toeppen, 938 F....   [tags: Legal Essays] 1303 words
(3.7 pages)
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Destructing the Environment in Order to Achieve Strategic Goals for ICC - Destructing the Environment in Order to Achieve Strategic Goals for ICC Although environmental crimes have not yet reached prominence in development of international criminal law, should deliberate destruction of the environment in order to achieve strategic goals be a future focus for the ICC. In my research paper I wish to argue that environmental crimes should have the same precedence as crimes against humanity....   [tags: Papers] 1108 words
(3.2 pages)
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Superiority of the International Court of Justice - Introduction The International Court of Justice (ICJ) is an important organ of the United Nations. Actually it is the UN's principal judicial arm used to foster international peace. It was established after the League of the Nation and its judicial organ the Permanent Court of International Justice (PCIJ) were dissolved after the Second World War, in 1946. Its main purpose is to support the UN (which was formed in 1945) in its endeavour in promoting international peace and law . Important to note is the fact that this court, although referred to in a non-technical context as the world court, does not automatically possess compulsory international jurisdiction....   [tags: The UN International Criminal Tribunals]
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2819 words
(8.1 pages)
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Structure of the Federal Court System - Before the adoption of the United States Constitution, the U.S. was governed by the Articles of Confederation. These articles stated that almost every function of the government was chartered by the legislature known as Congress. There was no distinction between legislative or executive powers. This was a major shortcoming in how the United States was governed as many leaders became dissatisfied with how the government was structured by the Articles of Confederation. They felt that the government was too weak to effectively deal with the upcoming challenges....   [tags: United States Constitution, Confederation]
:: 4 Works Cited
1304 words
(3.7 pages)
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The International Criminal Court (ICC) and the Protection of Human Rights in Africa - 2 Introduction This essay will discuss the successes and challenges faced by the International Criminal Court (ICC) in prosecuting human rights violations cases in Africa. The ICC has been recently put under the spotlight by the African Union when it called for non-cooperation by its member states not to comply with the warrant of arrests that had been issued by the ICC against some of the leaders in Africa. This has created difficulties when it comes to prosecution of international crimes. The Court is also facing allegations of being Anti African....   [tags: Human Rights in Africa]
:: 17 Works Cited
1540 words
(4.4 pages)
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Trying Juveniles as Adults - According to Caldwell (1961) the juvenile justice system is based on the principle that youth are developmentally and fundamentally different from adults. According to Mack (1909) the focus of the juvenile justice system has shifted from “was the crime committed” to “why did the child commit the crime”, “how can we help the child”. When performing as it is designed and up to the initial intentions, the juvenile court balances rehabilitation (treatment) of the offender with suitable sanctions when necessary such as incarceration....   [tags: juvenile justice, court systems, judges]
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Usage of Coercive Means - Usage of coercive means The definition of the concept offered by the UN Charter is the following: “All members shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state, or in any other manner inconsistent with the purposes of the United Nations” . The purpose of this rule was to prevent states from resorting to constraints in the eventuality of a conflict of any kind. Employing the usage of coercive means of force against the jurisdiction and the statal coherence is nowadays prohibited on the grounds of the non-belligerent doctrine , a fundamental concept of contemporary international law; likewi...   [tags: international law, territorial integrity]
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Law: Alternative Dispute Resolutions - Law is defined as any system of regulations that governs the conduct of the people of a community, society or nation, in response to the need for regularity, consistency and justice based upon collective human experience (dictionary.law.com). This means that laws were created as fair system to help society to keep the peace, shape morals, support social policies, encourage cooperation between different entities, and to maximize individual freedoms. This case in particular involves a breach of a service contract between James’ painting business and Stan....   [tags: regulation system, community, justice]
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The United States Is Vulnerable to Cyberterrorism - "Information systems are vulnerable and it is possible for terrorists to utilize the vulnerabilities of information systems to attack their adversaries" (Hua & Bapna 2013). Since the events of 9/11 the world has watched as terrorism has slowly began to escalate not only in severity but frequency however, until recently nations including the United States have been more focused on traditional methods of terrorism and paid little effort to the growing concern of cyberterrorism. Hua and Bapta (2013) define cyberterrorism as: ”Attacks implemented by cyber terrorists via information systems to (1) significantly interfere with the political, social or economic functioning of a critically importan...   [tags: Cyberterrorism Essays]
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The Law of the Sea - The Law of the Sea Territorial Sea is established up to 12 miles from the baseline of the coast. This is an extension of the land and the coastal state exerts full sovereignty over the area. It is an area of national jurisdiction. Also establishes a contiguous zone where the coastal State may exercise the control necessary to (1) prevent infringement of its customs, fiscal, immigration or sanitary laws and regulations (2) punish infringement of the above laws and regulations committed within its territory or territorial sea....   [tags: Papers] 2070 words
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Section 5 of the Voting Rights Act - In 1965, at a time of racial discrimination in America and the emergence of a strong Civil Rights Movement, congress enacted the Voting Rights Act (VRA), which prohibits discrimination in voting. Congress could not end racial discrimination in voting by suing one jurisdiction, state, etc. at a time. Rather, Congress passed Section 5 of the VRA, which required states and local governments with a history of racially discriminating voting practices to get the approval of the U.S. Attorney General or a three-judge panel for the U.S....   [tags: civil rights, racial discrimmination] 1693 words
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Judicial Process of the Supreme Court - Nature’s Judicial Process in the Supreme Court consists of decision-making; based on the jurisdiction of the Supreme Court. Although the Supreme Court has the capability to decide all extended cases; it also has the power to ascend under the Constitution, which allows the Supreme Court its jurisdiction in the Judicial Branch of government. The Judicial Process interpret the laws that are established in the Supreme Court; thus, allowing the Court to exercise its power by shifting its system under the Constitutional laws of the United States....   [tags: American Government, Supreme Court] 1160 words
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Marbury V Madison - Marbury v. Madison (1803) Marbury v. Madison has been hailed as one of the most significant cases that the Supreme Court has ruled upon. In this paper, I will explain the origins and background in the case, discuss the major Constitutional issues it raised, and outline the major points of the courts decision. I will also explain the significance of this key decision. Origins and background of the case In the late 1700's, John Adams was President. Adams was a member of the Federalist Party....   [tags: Court Supreme History Precedent Constitution] 1352 words
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The National Labor Relations Board - The ability for the federal government to regulate businesses’ activity is given in the Constitution. Article 1, Section 8 is known as the commerce clause; it states, “Congress shall have the Power…to regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes” (Reed, 173). Through the commerce clause, the government is able to regulate business activity by the use of administrative agencies, which is defined as “a governmental regulatory body that controls and supervises a particular activity or area of public interest and administers and enforces a particular body of law related to that activity or interest” (Administrative Agency, 1)....   [tags: Government]
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Customary International Law - According to Article 38 of the 1946 Statute of the International Court of Justice, the Court shall apply “international custom, as evidence of a general practice accepted as law” in its decisions (Kritsiotis 123). In other words, the International Court of Justice cites customs as a formal source of law. According to Roberto Unger, author of Law in a Modern Society, customary international law is best defined as “any recurring mode of interaction among individuals and groups, together with the more or less explicit acknowledgement of these groups and individuals that such patterns of interaction produce reciprocal expectations of conduct that out to be satisfied (Shaw 72-73)....   [tags: Law]
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Introduction to the Study of the Law of the Constitution by A.V. Dicey - The "rule of law" is an English concept which formulated in the 1500s as a means of describing whom had the authority to govern over another. Since its initial creation, the "rule of law" phrasing became more universal thanks largely to the work of A.V. Dicey in his 1885 work "Introduction to the Study of the Law of the Constitution." In this writing, the rule of law concept was further defined with three essential principles: -No man can be punished via goods or body unless a distinct breach of the laws is established in the court system where they are established....   [tags: rule of law, power] 2526 words
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English Law’s Approach to Same Sex Marriage - Introduction The phenomenon of same sex marriages is relatively new but is gaining popularity day by day. The notion has already been welcomed and enacted as law in different jurisdictions. However it lacks proponents within the UK legal system which is reluctant to allow such relationships to be regulated into marriages. There are two topical situations faced by English law which need to be considered: the right of same sex people to marry and the right of the transsexuals to marry a person of the opposite sex post their gender reassignment....   [tags: Law Legal Same Sex Marriage]
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Virtual Organization E-Business - Virtual Organization E-Business Marshall Industries has been making its mark as one of the first company to provide distribution of electronic components by conducting e-business on an international basis. Like many other company in its century, technology have played an important part and changing the way and giving many options on marketing and service a business. Countless businesses have taking a piece of the pie by taking advantage of the world wide web to conduct their business to a broader list of clients and taking their business out of the box....   [tags: Marshall Industries Case Study Analysis Virtual] 1024 words
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Legal Aspects of Supply Chain Management - Legal Aspects of Supply Chain Management Internet has definitively changed the relationships of the company with the different business partners of the supply chain. E-Commerce/E-Business is any ‘net’ business activity that transforms internal and external relationship to create values and exploit market opportunities driven new rules of the connected economy.”(Damanpour 2001). It refers to all forms of business activities conducted across the internet. This can include E-tailing, B2B, intranets and extranets, online advertising (e.g....   [tags: Papers] 2007 words
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International Convention on Standards of Training, Certification and Watchkeeping for Seafarers(STCW) - Introduction Maritime trade and transport can be construed to be the oldest forms of globalisation and has since then grown into an industry. Currently over 90% of the world trade has been done by the maritime industry. Nations such as UK, US, China, Greece and the like have thrived on their maritime strength to become world powers. In order to make the industry, with its large scale and complexity, as efficient as possible there is a necessity for policy and governance. The industry spans over multiple jurisdictions where each jurisdiction have their own impact on the industry....   [tags: Maritime Industry, Rules & Regulations]
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The White Collar Nature of Environmental Crimes - Corporations, through guidance of new laws, in the future in the United States, should be held more accountable for environmental crimes, because without these new laws corporations will continue to pay meniscal fines and serve little to no time in prisons for destroying the environment in which we have to live and survive. Corporations throughout history have lived within the protection of the government. The reason I say this is because throughout history corporations got away with literally murdering our environment by following weak laws and having very few standards....   [tags: accountability, waste, health] 1632 words
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Did William Marbury Have a Right to the Commision as Justice of Peace? - At the end of President John Adam's term, his secretary of state, John Marshall, failed to deliver documents commissioning William Marbury as the new Justice of Peace. Thomas Jefferson claimed the commissions as invalid and denied Marbury the right of Justice of Peace. Marbury then sued Jefferson's Secretary of State, James Madison asking the supreme court to demand the delivery of the documents. Did Marbury have a right to the commission. Marbury had the right of the commission due to the fact that "The order granting the commission takes effect when the Executive's constitutional power of appointment has been exercised, and the power has been exercised when the last act required from th...   [tags: documents, deliver, invalid]
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The Impact of Technology on Law Enforcement and Organized Crime - Organized crime involves the illicit flow of goods and services in one direction and the flow of the profits of crime in the other. Technology has created much change in the way organized crime groups conduct operations. It has also caused law enforcement organizations to evolve and use a variety of techniques and methods to effectively combat organized crime groups. In order for law enforcement to effectively target and prosecute these groups they must adapt as the organized crime groups have in their use of technology....   [tags: Law Enforcement, technology, criminal justice]
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ADJUDICATION MACHINERY UNDER THE INDUSTIRAL DISPUTES ACT: A CRITICAL ANALYSIS - The system of adjudication or compulsory arbitration has come to stay in India as a part of the Industrial Disputes Act. In India this system of adjudication is supposed to fill in the void created by the weak trade union movement historically which was not strong enough to negotiate with the employer on an equal footing. This system however has been criticized for its unfavourable effects on the trade union movement. Undue dependence on the trade union movement has deprived the trade unions of the incentive to organize itself on a strong and effective basis and has rendered the unions mere petitioning and litigant organizations arguing their case before tribunals ....   [tags: Government]
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The History of Traditional and Same-Sex Marriage in the US - According to the federal government of the United States, the definition of the word “marriage refers only to a legal union between one man and one woman as husband and wife, and the word spouse refers only to a person of the opposite sex who is a husband or a wife” (1 U.S. Code, 2013, p. 1), However, there is no national law prohibiting or allowing gay marriage. Because America shares its government power equally between the national and state government, gay marriage is being legally allowed on a state by state basis, with 18 out of the 50 states now having laws allowing same sex couples get married (CNN, 2014, p....   [tags: legislature, politics, federal policies]
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Examination of The Indian Child Welfare Act (ICWA) of 1978 - Each year, there are thousands of children that are misplaced from their families and are seeking a permanent living placement. Their permanent placement may be found with family members or friends, or even through a private adoption. There are federal laws and state mandates that are implemented to ensure that the best interests of all children involved in an adoption or placement proceedings are heard. The best interests and needs of a child may include educational needs, medical needs, housing/placement preferences, or finding a family that reflects the ethnic and cultural heritage of the child in question....   [tags: Indian Child Welfare Act]
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Of the People, By the People, For the People - A defining attribute of America’s system of government is the participation of the citizens in decisions. Unlike many countries in the world today, one dictator does not decide the path for the whole nation. People from ordinary backgrounds have the opportunity to have an affect on laws passed in our country. While voting is the more common form of exhibiting this privilege of participation, citizens also have the ability to run for offices in our government. The structure of our government is unique in that there are numerous offices to be held within our government which are relatively equal in power....   [tags: U.S. Government ]
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Cooperative Enforcement: The Tainan Example - 5.2 Cooperative Enforcement: The Tainan Example As analysed above, Taiwan’s environmental criminal law enforcement faces some common problems. Since 2005, there has been a new cooperative enforcement model run by the Tainan Local Prosecutors’ Office voluntarily. Three prosecutors in the Tainan Local Prosecutor Office were interviewed and it was realised that this model may provide many solutions to the problems identified in this research. Figure 5.2 A Successful Cooperative Enforcement Model in Tainan City, Taiwan Tainan, an old cultural centre in the southern part of Taiwan, has increasing industrial pollution....   [tags: Criminal Justice] 970 words
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The Legalization of Gay Marriage - Ask any American what values founded this country and you will get very similar responses: Liberty, Freedom, or justice. These values are instilled in each American and come as naturally to us as the air we breath, or do they. Just as women fought for suffrage, and African Americans in the civil rights movement, homosexuals battle for the right to marry. This issue is affecting Americans on several levels. Politically, gay marriage is one of the 'hot' issues that public officials are asked to take a position on....   [tags: Government, Rights, Constitution]
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International Criminal Law - Introduction The establishment of International Criminal Tribunals greatly impacts both monist and dualist states reshaping their national law. The affect on national law directly affects the behavior of states. This new and evolving legal dynamics substantially alters the landscape of international relations and it is of vital importance that its impact is inspected. The fact that nationals and non-state actors are becoming agents in shaping international legal process touches upon very nature of states sovereignty and their role in international law....   [tags: tribunals, judicial court, ]
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Taking a Look at Cyberstalking - Cyberstalking is a form of electronic crime by way of internet to harass or stalk their victim. Such acts can target an individual, groups, and even organizations.Cyberstalking can be carried out by a number of different electronic and digital threats. Most commonly cyberstalking is known for its malicious intent to attack a victim through email, online chat forums and social media. However, “It may include the making of false accusations or statements of fact (as in defamation), monitoring, making threats, identity theft, damage to data or equipment, the solicitation of minors for sex, or gathering information that may be used to harass.” ”Cyberstalking shares important characteristics wit...   [tags: electronic crimes, using the internet to harass]
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court system - The basic role of the Canadian court system is to deliver justice between two individuals or two individuals and the state. There are four levels of court in Canada. Provincial courts are the lowest in terms of power. They handle most of the day to day cases. The next court in terms of power is the provincial and territorial superior courts. These courts take care of the more serious crimes that are admitted into the system, and can also take appeals from provincial court judgments. Another that has the same amount of power as the provincial and territorial superior courts is the Federal Court....   [tags: essays research papers fc]
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I Am An American - Since the 1800s, immigration has been considered a problem that is out of control in the United States. Government officials have claimed that the issue of birthright citizenship is the core of the dispute over immigration. To try and remedy this situation, holders of public office have held hearings and debates in an attempt to “redefine” what it means to be an American citizen. Birthright citizenship is the term used to refer to the citizenship that is granted to an individual who is born on the associated territory....   [tags: Immigration ]
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Three Trials for Murder - Three Trials for Murder Police found Katie Eastburn and two out of three of her daughters stabbed repeatedly with their throats slit. Mr. Cone, a janitor the night the Eastburn woman was murdered, positively identified Timothy Hennis as the suspect. Hennis is a United States army sergeant who recently bought the Eastburn’s dog the night the girls were murdered. An eye wittiness identified Hennis as the man leaving the Eastburn’s home the night in question. Upon receiving a warrant, law enforcement searched Hennis’ home in search for any evidence....   [tags: katie eastburn, testimony, double jeopardy] 796 words
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